2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 51 - Bail Bondsmen Licensing
Section 59A-51-5 - Application for license.

A. An individual desiring to be licensed as bail bondsman or solicitor under the Bail Bondsmen Licensing Law shall file with the superintendent a written application on a form as prescribed and furnished by the superintendent, together with an application for a qualifying examination.

B. With application for license to act as property bondsman the applicant shall file with the superintendent a detailed financial statement under oath.

C. Application for a solicitor's license must be endorsed by the appointing bail bondsman, who shall therein be obligated to supervise the solicitor's activities in the bondsman's behalf.

D. The application shall be accompanied by a recent credential-sized full-face photograph of the applicant together with such additional proof of identity as the superintendent may reasonably require.

E. As part of an application for a license, a nonresident applicant shall appoint the superintendent, on a form prescribed and furnished by the superintendent, as agent on whom may be served all legal process issued by a court in this state in any action involving the nonresident licensee. The appointment is irrevocable and continues for so long as an action involving the nonresident licensee could arise. Duplicate copies of process shall be served upon the superintendent or other person in apparent charge of the office of superintendent of insurance during the superintendent's absence, accompanied by payment of the process service fee specified in Section 59A-6-1 NMSA 1978. Upon service, the superintendent shall promptly forward a copy by certified mail, return receipt requested, to the nonresident licensee at the nonresident licensee's last address of record with the superintendent. Process served and copy forward as so provided constitutes personal service upon the nonresident licensee.

F. A nonresident licensee shall also file with the superintendent a written agreement to appear before the superintendent pursuant to a notice of hearing, show cause order or subpoena issued by the superintendent and deposited, postage paid, by certified mail in a letter depository of the United States post office, addressed to the nonresident licensee at the nonresident licensee's last address of record with the superintendent, and that upon failure of the nonresident licensee to appear, the nonresident licensee consents to subsequent suspension, revocation or refusal of the superintendent to continue the license.

History: Laws 1984, ch. 127, § 932; 1999, ch. 272, § 26; 1999, ch. 289, § 39; 2014, ch. 21, § 4.

The 2014 amendment, effective May 21, 2014, eliminated the requirement that applicants file a schedule of charges and a rating plan used in writing bail bonds; in Subsection A, after "solicitor under", deleted "Chapter 59A, Article 51 NMSA 1978" and added "the Bail Bondsmen Licensing Law" and after "qualifying examination", deleted "if for bail bondsman license"; in Subsection B, after "statement under oath", deleted "and a schedule of charges and the rating plan proposed to be used in writing bail bonds" and deleted the former last sentence which provided that "The schedule shall conform to rules and regulations promulgated by the superintendent"; in Subsection C, after "who shall therein", deleted "obligate himself" and added "be obligated"; and in Subsection E, in the third sentence, after "apparent charge of the", added "office of superintendent of" and after "superintendent of insurance", deleted "division".

The 1999 amendment, effective June 18, 1999, updated the statutory reference in Subsection A, and added Subsections E and F.